Thank you all for the attention that each of you has given to this serious problem of elder abuse/financial exploition of the elderly.   Tom’s efforts to discourage the miscreants and to garner evidence in all possible cases before the problem is detected is laudable and must be given a full and complete hearing.   Prevention is much more important that a cure and is less expensive.

That said, some of us are faced with a full blown epidemic of elder abuse/financial exploitation and the frustration the comes from having existing laws and judges who are either disinterested in the existing statutory scheme or do not understand it.   JoAnn Denison in Chicago has started a campaign to bring the 42 USCA 1983 violations against senior citizens to the front burner.   Some of the Illinois cases that she had garnered and others disclosed are enough to scare the pants off of seniors in general.

This afternoon I received a telephone call from an 83 year old lady.   Her family is dying off and as she is getting ‘long in the tooth’ she relied upon a niece (who she loves as if she were her own child) for some minor tasks, and upon advice of counsel signed a power of attorney so as to facilitate some of the chores that require mobility.  Our new client had to rehab in a ‘nursing home.’  (These are the chores that my delegates to me – take out the garbage, fill the car with gas, etc).   My 83 year old client discovered that the niece removed $90,000 from her (the 83 year old lady) checking account.

A new visitor also came to see the client.   This visitor started administrating ‘competency tests!’   My client called the marines.   Her Rabbi appeared in full battle uniform and I was consulted.   She was immediately removed from the nursing home, and a letter revoking the power of attorney was communicated.    The niece reacted by traveling to the Daley Center.   I expect that shortly we will be faced with having to deal with the Probate Division of the Circuit Court.   It would not surprise me if the GAL appointed were none other than Farenga, Stern, Schmiedel, or Solo.    It also would not surprise me if the CP211 were signed by Amdur or Stern.   The fact that the client is perfectly competent even though she is 83 years old ******.

I am meeting with my client and a bunch of her friends tomorrow.  Tom Field’s legislation would eliminate the ‘expert witness’ who for price is prepared to testify that the Moon is made of green cheese and the good lord is really a ‘fat old jewish lady missing her two front teeth.’  Reading Illinois’ legislative scheme I should feel confident that I can defeat the niece and her attorney with both hands tied behind my back; however, read the Sykes case, the Gore case, the Tyler case, or the Wyman case.   Read the Evidence depositon of the Honorable M. Connors or the transcript of proceedings in the Sykes case for November 5, 2012.   The legislative mandate is either not read, not understood, or just ignored!

We need as a first step an honest, complete and comprehensive investigaton of the Sykes case and related cases instanter.   We need to have the Internal Revenue Service collect the taxes that are due when a fiduciary misappropriates money.   If the taxes are not paid the full penalties and interests charged and collected from the miscreant fiduciary.

Please allow me to wish one and all a happy healthy and successful holiday season.  This Christmas for my present I would appreciate it if every senior citizen would be able to rest secure in the knowledge that America and Americans are dedicated to standing shoulder to shoulder to protect his/her liberty interest, property interest, civil rights and human rights from the few by clout heavy miscreants.